Whether in a shareholder agreement or an employment contract, the enforceability and permissible scope of an arbitration clause have been hot topics in Ontario courts in recent years. Below, we will look at how the courts have interpreted these issues and what it means for arbitration clauses in contracts going forward. What is an Arbitration […]
Category Archives: Class Action
Class Proceedings Expected to Surge When Courts Resume in Full
As the widespread effects of the COVID-19 pandemic continue to be felt across Canada, even as some restrictions are starting to lift in each province, legal experts and courts alike are bracing themselves for a surge of class proceedings. A recent article by the CBC points to the fact legal trends in Canada tend to […]
Cy-Pres Awards in Class Action Lawsuits
The History of Cy-Près Awards The cy-près doctrine was developed in the English courts of equity. It first arose when dealing with charitable trusts. The doctrine has a french name which translated means “so near/so close” or “as near as may be”. The tool was used where a charitable trust had become illegal, impossible or […]
Balancing Interests: Setting Legal Fees in a Class Action
Introduction The carriage of class proceedings is fraught with risk. It requires a significant commitment of resources of both labour and financing. These actions are defended strenuously. The reward, if the case is settled or won, are the legal fees. The fees requested often represent a significant percentage of the overall settlement or damage award. […]
Awarding the Carriage of a Class Proceeding
Introduction When loss on a mass scale occurs, class proceedings are sure to follow. If more than one action is commenced by multiple plaintiffs, the representative plaintiffs and their counsel must either agree to work together on one action or move in competition to one another on a carriage motion. The winner of the motion […]
Unjust Enrichment by Wrongdoing & Waiver of Tort
Introduction The meaning of the term “waiver of tort” is by no means clear. At its strongest, it has been described as an independent cause of action that does not require the plaintiff to prove any damage suffered by them as a result of the wrongful conduct of the defendant. The remedy would be disgorgement […]
Ice Breaker Settlements and Class Proceedings
Introduction An ice breaker is anything used to relieve inhibitions or acrimony between two parties or is used to open a dialogue. It is also now used to describe settlements by a plaintiff with one defendant ahead of the others in complex multi-party class proceedings. The money paid is often only a small fraction of […]
Incorrectly Named Defendants – Misdescription or Misnomer?
Introduction It is not uncommon for a plaintiff to be uncertain about a defendant’s correct legal name. Despite searches and inquiries, the ignorance may continue with the defendant being improperly named in the Statement of Claim. What happens then when the claim is served on the right person but has incorrectly spelled or identified the […]
Considerations When Deciding on Motions for Adjournment
Introduction: An adjournment is a postponement of a legal proceeding. The request is made by one of the parties to the litigation. The request can be met with agreement or opposition. Even with consent, an adjournment is not made as of right and must be judicially sanctioned. In order for a court to allow an […]
Piercing the Corporate Veil: A Case Study
Introduction: We have previously written about the circumstances under which our courts will pierce the corporate veil. The issue is always a tempting one. Stepping over the line, however, is not terribly easy. The temptation of collecting multiple millions for deserving plaintiffs is strong, as seen below, but carries with it considerable risk. In this […]